Through Cleardocs, you can choose to include any of the following clauses in your Will:
- the Will to survive your future or a subsequent marriage;
- appointment of guardians for children under 18 years old;
- specific gifts of property;
- cash gifts including to charities;
- division of assets in equal or unequal shares;
- funeral directions; and
- creation of minors trusts — which protects a minor's inheritance until they turn 18 or a later age nominated by you.
Time taken to complete 15 minutes depending on the number of executors and beneficiaries.
Cost in AUD$ 181.50 (inc GST)
Legal Sign-offThe master documents are written in plain language and are signed-off by our lawyers at Maddocks.
What documents are included in the Cleardocs ClearWill package?
This Cleardocs package includes:
- your tailored Will; and
- an Establishment Kit explaining what to do next.
What information do you need to order ClearWill Online through Cleardocs?
Download our checklist of the information required to order a ClearWill Online.
Who can make a Will?
Generally, in order to make a valid Will, the will maker must:
- be over 18 years old;
- have a sound mind, memory and understanding (capacity);
- intend to make a Will;
- know and approve of the contents of the Will; and
- follow certain procedural formalities to establish the Will.
Who can be an executor?
An executor must be either:
- an individual;
- a licensed Trustee Company; or
- a Public Trustee.
A public or private company cannot be an executor. If you want to appoint a licensed Trustee Company or a Public Trustee, then you should contact that body and ascertain their correct legal name, ACN and business address in your state and territory before preparing your Will.
What is the role of an executor?
The executor deals with the deceased's person estate or assets. This includes:
- locating the original Will;
- assisting with and paying for the funeral;
- determining assets and liabilities;
- applying to Court for a 'Grant of Probate' (this is the legal document issued by the Court allowing the executor to deal with the estate);
- ensuring that all your debts are paid and any liabilities discharged;
- notifying beneficiaries of their entitlements; and
- distributing the assets in accordance with the terms of your Will.
Information about the trustee
The main role of the trustee is to manage funds or assets that are being held on trust for the benefit of beneficiaries until the funds or assets can be distributed. The trustee is different from the executor in exceptional cases only.
The trustee must:
- act in accordance with the Will;
- keep proper accounts and records of the funds held on trust; and
- arrange for tax returns of the deceased estate to be prepared and filed.
What is the role of a guardian?
The role of a guardian appointed under a Will is to make all major decisions about the welfare of children less than 18 years old. For example, where the child lives, medical decisions, education and religious upbringing.
Maddocks recommends that you discuss your wishes with the guardian whilst you are able to do so. This will give them an understanding of your wishes and the reasoning behind them.
Mirror Wills: we can pre-populate your answers ... saving you some time
A 'mirror will' commonly applies to husband and wife Wills (or a de facto couple) which mirror one another. For example, they may leave everything to each other and then upon the death of the second of them, the estate passes equally to their children.
To assist with creation of a 'mirror will', we'll use information from your previous Will order to pre-fill some of the questions in the new interface. This will save you time in preparing the mirror will.
Seek legal advice
The Wills information here should be considered general in nature, and in no way interpreted as legal advice. You must always seek your own independent legal, accounting and financial advice about your particular situation. The summary on this page is for information purposes only.
Questions or further information
If you have questions:
- about how to use Cleardocs, contact the Cleardocs helpline on 1300 307 343.
- about legal issues, contact the Cleardocs helpline on 1300 307 343. If you need advice, we will arrange for you to speak with a lawyer at Maddocks. The firm provides a free legal helpline in relation to the documents Cleardocs provides. If you require other legal advice in relation to your particular circumstances, then this will be charged for.
- Comprehensive will, avoiding disputes upon death
- Allows for guardianship of minors
- Make specific gifts of property and money
- Gift your residuary estate in equal or unequal shares
- Creation of a minor trusts
- Pre-population of information for creation of mirror wills - saving time and typing
- Option to pre-populate power of attorney orders
- Includes copy function for address details - saving you typing
- Extensive online help and local phone support
- Easy to use question interface